A trial court judge in Lansing, Michigan handed a victory to insurers in what may be the nation’s first final ruling on the question of whether a property insurer is liable for financial damages caused by a coronavirus closure order. See Gavrilides Management Company v. Michigan Insurance Company. This case arose after Michigan’s governor enacted a […]
On Monday, a group of Texas bar owners filed a lawsuit arguing that Governor Greg Abbott’s shutdown of bars is unconstitutional. The suit, filed in Travis County, names Governor Abbott, the Texas Alcoholic Beverage Commission (“TABC”) (the agency that oversees liquor licenses) and TABC Executive Director Bentley Nettles as defendants, the lawsuit seeks a temporary […]
In late June 2002 the Texas Supreme Court reversed a $1.8 million judgment in favor of a concrete block maker who accused a rival of defamation, finding that the dispute was not about defamation, but rather business disparagement and that the award therefore could not stand. In Innovative Block v. Valley Builders Supply, No. 18-1211 […]
Attorney Blog, Human Resources
OSHA Issues New Guidance for Non-essential Businesses as they Plan to Reopen
On June 17, 2020, OSHA issued new guidance (which may be found here: https://www.osha.gov/Publications/OSHA4045.pdf) for “non-essential businesses” as they plan for reopening and bringing employees back to work. The guidance is not comprehensive and is intended to supplement resources from other federal, state and local agencies, including, specifically, the White House’s Guidance for Opening up America Again (the […]
Attorney Blog, Human Resources
New Virginia Law Prohibits Non-compete Agreements Against ‘Low-Wage Employees’
In April, Virginia’s Governor Ralph Northam signed a new bill banning covenants not to compete against “low-wage employees.” As of July 1, 2020, Virginia employers may not enter into, enforce, or threaten to enforce a covenant not to compete with any employee who earns less than $1,137 per week ($59,124 per year). With this threshold, the […]
Attorney Blog, Human Resources
Supreme Court Rules that Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
Yesterday, in a landmark the U.S. Supreme Court ruled that “an employer who fires an individual merely for being gay or transgender violates Title VII.” Title VII of the Civil Rights Act of 1964 (Title VII) makes it “unlawful” for an employer “to fail or refuse to hire or to discharge any individual, or otherwise […]
As businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. As a result, companies should carefully review their insurance policies to see what coverage might be available for such claims. Third-Party Lawsuits General Liability Insurance A company should […]
In the recent decision of O’Shaughnessy v. Young Living Essential Oils, the United States Court of Appeals for the Fifth Circuit was presented with a classic contract-law conundrum of an agreement contained in more than one document, which, in this case, related to the oft-cited, but rarely used, Racketeer Influenced Corrupt Organizations Act (“RICO”). In […]
Attorney Blog, Human Resources, Payroll
The Fifth Circuit Examines the Highly-Compensated Employee Exemption Under the FLSA
The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA. Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020). The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime […]
Following last weeks’ announcement from Texas Governor Greg Abbott, that retail stores, restaurants, movie theaters and malls will be allowed to reopen means many Texas workers now have a difficult decision to make. There are now multiple reports that some employers who have attempted to bring employees back to work are encountering some employees who […]